Contempt petition alleging disobedience of an interim stay granted in a pending writ petition. The Division Bench held that interim orders which do not finally decide rights cannot be enforced in contempt jurisdiction and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:10303-DB CCC No. 43 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2024 PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CCC NO. 43 OF 2024 (CIVIL)
BETWEEN :
…COMPLAINANT
(BY SRI. K P BHUVAN, ADVOCATE)
Digitally signed by AMBIKA H B Location: HIGH COURT OF KARNATAKA
AND :
…ACCUSED
(BY SRI S.S.MAHENDRA, GOVERNMENT ADVOCATE)
NC: 2024:KHC:10303-DB CCC No. 43 of 2024
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED/RESPONDENT FOR HAVING DELIBERATELY AND INTENTIONALLY DISOBEYED INTERIM ORDER DATED 21.11.2023 IN WRIT PETITION NO.25481/2023 (KLR-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard learned advocates for the respective parties.
date of hearing, stay of the order dated 15.09.2023 came to be granted by learned Single Judge.
NC: 2024:KHC:10303-DB CCC No. 43 of 2024
Judge and work out his remedies and rights in the parent proceeding in accordance with law.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
AHB List No.: 1 Sl No.: 50
1 issue framed by the court
Whether contempt proceedings lie for alleged disobedience of an interim order that does not finally decide the parties' rights.
1 provisions across 1 enactments
Chowdegowda S/o Late Ujjani Chowdegowda
State of Karnataka rep by its Principal Secretary Department of Revenue
Lokesh, KAS, Thasildar Malavalli Taluk
N. V. Anjaria
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
